In measures, the bank seeks payment on the “exact same damage

In measures, the bank seeks payment on the “exact same damage

“ ‘ “[T]the guy ‘cause of action’ is based upon brand new damage sustained, rather than the types of concept asserted of the a client. [Ticket.] Also in which you will find numerous judge concepts where recovery you will feel predicated, one burns off provides rise to only you to allege to have rescue. ‘And therefore a view on accused is actually a bar to help you a beneficial next step because of the plaintiff in accordance with the exact same problems for an identical right, even when the guy presents a special courtroom crushed getting save.’ [Citations.]” Hence, under the number one liberties idea, the new determinative foundation is the damage suffered.Read More